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Common Divorce Myths in Minnesota

Divorce is a common legal process, but there is a lot of misinformation out there, even from people who have gone through it before. Here are a few of the most common divorce myths and the truths in Minnesota law behind them.

MYTH: You should never leave the marital home as you could risk your ownership.

 There is a common misconception that leaving the marital home could be considered abandoning the property or even the family. This is not the case—a person does not give up equity in a home by moving out. You also do not hurt your chances of keeping the home after the divorce if you move out, especially if there are concerns such as domestic violence.

MYTH: Legal separations are both common and required.

While you might unofficially separate, there is no need to legally separate before the divorce. Legal separation is actually rather rare as a precursor to divorce.

MYTH: The party that starts the divorce has an advantage.

 It is common for divorcing spouse to believe courts will favor the petitioning spouse that files the initial paperwork. However, the petitioner does not have any legal rights or advantage over the respondent spouse. The only potential advantage would be the petitioner determining the location of the divorce if both parties live in different counties. Even then, the respondent still is allowed to request a change of venue.

MYTH: Higher asset divorces result in higher attorney fees.

 The size of the estate does not have to corelate with the expense of the divorce. What’s more likely to have an effect on expense is how well the divorcing spouses are able to communicate with each other and work through their issues. The more fighting that occurs and the longer the process takes, the more the parties will have to pay their attorneys. Spouses that work through their issues quickly save a lot of money, even if they have significant assets.

To learn more about divorce in Minnesota and to get the truth behind some common misconceptions, contact a trusted attorney at Appelhof, Pfeifer & Hart, P.A.

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  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.


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